The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes
A highly interpretive and eminently readable study of the Supreme Court during the period in which Melvin Fuller was Chief Justice, offering a complete account of the cases the Court saw during one of the most tumultuous times in U.S. history. The legacy of the Supreme Court at the turn of the century has largely been negative: decisions such as Lochner v. New York (1905), Pollock v. Farmers' Loan & Trust Co. (1895), In re Debs (1895), and Plessy v. Ferguson have been seen by subsequent generations of lawyers and judges as embodying a judicial method and philosophy that should be avoided at all costs. This book places these decisions in their historical context. It rejects the crude instrumental interpretation of these decisions and explains them as the expression of a conception of liberty that has its roots in the founding of the nation.
The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are
Professor Fiss examines contemporary free-speech issues in the context of the collision of liberal ideas of equality and freedom with modern social structures and speculates on what role the state mig
After decades of hand-wringing and well-intentioned efforts to improve inner cities, ghettos remain places of degrading poverty with few jobs, much crime, failing schools, and dilapidated housing. Ste
